Alleged Wrongful Dismissal: Industrial Court Dismisses Suit Against Police Service Commission for Lacking Merit
Abuja---His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court sitting in Abuja has dismissed the suit filed by the Ex-Police officer Papu Ntakai challenging his dismissal from service for lacking merit.
The court held that the attempt by the claimant to show that he was wrongfully dismissed by Police Service Commission cannot succeed as no evidence put forward to establish the contract and terms of the engagement and no evidence of his enlistment into the Police force.
The Claimant vide complaint and statement of facts, sought against the Police Service Commission for A declaration that his purported dismissal is unlawful, done mala fide and illegally imposed on him in breach of his terms of employment and the constitution of the Federal Republic of Nigeria as amended, and an order of reinstatement back to the service.
The claimant testified that he was a police officer in the service of the Nigeria Police Force that before his dismissal from service he was an Assistant Superintendent of Police (ASP) working with the Nigeria Police Force, alleged that he was maliciously victimized by the then commissioner that illegally issued him with a query letter leading to his dismissal by the defendant acting through the inspector general of police.
He stated that he was dismissed in 2006 without the defendant complying with the procedure under the terms of his employment, the constitution of the Federal Republic of Nigeria and the Public Service Rules.
Counsel to the claimant further submitted that the claimant by his rank is a superior officer as defined by section 2 of the Police Act. Therefore any disciplinary action taken against him for misconduct must accord with the provisions of the Act as contained under section 369(2) of the Act, which in this case the defendant failed to comply.
The defence counsel had never appeared even for once. Apart from the filing of preliminary objection which was struck out due to lack of diligent prosecution. The defendant had been consistently absent despite being served with the hearing notices.
Delivering Judgment, the presiding Judge, Hon. Justice Sanusi Kado held that the law requires the claimant to succeed on the strength of his case and not on the weakness of the defence or admission that the claimant is required to prove his case by credible evidence.
“To my mind, the claimant’s suit has brought to the fore the importance of pleadings and evidence in proof of the pleadings.
“The claimant in the case at hand throughout his pleading has not pleaded facts that will establish his contract of service and conditions of service governing his employment with the defendant.
“There was also nothing in the evidence put forward by the claimant to establish the contract and terms of the engagement. The claimant has stated that he was enlisted into the Nigeria Police as a cadet inspector, but there is no evidence of the enlistment.
“The entire averments of the claimant’s pleading is skeletal without flesh to cover it, this has made it difficult for this court to make any meaningful headway in finding for the claimant."
In all, the court dismissed the matter for lacking merit that the claimant has failed to prove his claims against the Police Service Commission.